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SANCHEZ v. SHOP RITE FOODS

No. 569.

482 P.2d 72 (1971)

82 N.M. 369

Terry SANCHEZ and Herman Sanchez, her husband, Plaintiffs-Appellants, v. SHOP RITE FOODS, d/b/a Piggly Wiggly Food Market, Defendant-Appellee.

Court of Appeals of New Mexico.

February 19, 1971.

Attorney(s) appearing for the Case

James I. Bartholomew, Albuquerque, for appellants.

Clarence R. Bass, Shaffer, Butt & Bass, Albuquerque, for appellee.

OPINION

WOOD, Judge.

This is a slip and fall case. The trial court entered summary judgment in favor of the defendant grocery store. The dispositive issue of plaintiffs' appeal is whether there was a sufficient basis for a summary judgment. We hold there was not and reverse.

At the summary judgment hearing, the trial court considered two items — the deposition of Mrs. Terry Sanchez and the affidavit...

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